8 CFR §1003.8

1. (a)Appeals and motions before the Board—(1) When a fee is required. Except as provided in paragraph (a)(2) of this section and 8 CFR 1208.4(d)(3), a filing fee prescribed in 8 CFR 1103.7, or a fee waiver request pursuant to paragraph (a)(3) of this section, is required in connection with the filing of an appeal, a motion to reopen, or a motion to reconsider before the Board.
   1. (2)When a fee is not required. A filing fee is not required in the following instances:
      1. (i)A custody bond appeal filed pursuant to § 1003.1(b)(7);
      2. (ii)A motion filed while an appeal, a motion to reopen, or a motion to reconsider is already pending before the Board;
      3. (iii)A motion requesting only a stay of removal, deportation, or exclusion;
      4. (iv)Any appeal or motion filed by the Department of Homeland Security;
      5. (v)A motion that is agreed upon by all parties and is jointly filed; or
      6. (vi)Any appeal or motion filed under a law, regulation, or directive that specifically does not require a filing fee.
   2. (3)When a fee may be waived. The Board has the discretion to waive a fee for an appeal, motion to reconsider, or motion to reopen upon a showing that the filing party is unable to pay the fee. Fee waivers shall be requested through the filing of a Fee Waiver Request (Form EOIR-26A), including the declaration to be signed under penalty of perjury substantiating the filing party's inability to pay the fee. The fee waiver request shall be filed along with the Notice of Appeal or the motion. If the fee waiver request does not establish the inability to pay the required fee, the appeal or motion will not be deemed properly filed, provided the Board grants 15 days to re-file the rejected document with the filing fee or new fee waiver request and tolls any applicable filing deadline during the 15-day cure period.
   3. (4)Method of payment. When a fee is required, the appeal or motion shall be accompanied by proof of payment of the filing fee.
      1. (i)In general. Except as provided in paragraph (a)(4)(ii) of this section, the fee for filing an appeal or motion with the Board, as set forth in 8 CFR 1103.7(b), shall be paid in a manner and form authorized by EOIR.
      2. (ii)Appeals from Department of Homeland Security decisions. The fee for filing an appeal, within the jurisdiction of the Board, from the decision of a Department of Homeland Security officer shall be paid to the Department of Homeland Security in accordance with § 1103.7(b).
2. (b)Applications for relief. When a motion before the Board is based upon an application for relief, only the fee for the motion to reopen shall be paid to the Board, and payment of the fee for the application for relief shall not accompany the motion. If the motion is granted and proceedings are remanded to the immigration judge, the application fee shall be paid in the manner specified in 8 CFR 1003.24(c)(1).